OPELIKA, Alabama -- The Harvey Updyke trial came to a swift and stunning conclusion before it had even started when Judge Jacob Walker ruled Thursday morning that the jury pool was so tainted it would be impossible for Updyke to receive a fair trial.

Walker, a Lee County Circuit Court judge who had presided over two days of jury selection, issued a continuance in the case and said he would consider ordering a change of venue later.

Updyke, the 63-year-old man accused of poisoning the Toomer's Corner oak trees shortly after the 2010 Iron Bowl, appeared emotional after the ruling.

Everett Wess, Updyke's attorney, said his client wanted to go forward with the trial but understood that today's decision was in his best interest.

The trial was tentatively rescheduled for the October docket, but Walker's comments suggested he would be receptive to moving the case out of Lee County.

Wess said he had no idea when -- or where -- a future trial might occur. He also declined to say whether the judge's ruling could have an impact on plea negotiations.

Walker said the impetus for Thursday's ruling was a story published Tuesday by The Auburn Plainsman in which Updyke apparently confessed to the tree poisonings.

Walker surveyed members of the jury pool and found as many as 10 who had heard at least something about the story, even though they had been advised to avoid talking or reading about the case.

"(The story) created more news and media attention about the case than there already was," Walker said.

Of the jurors interviewed Thursday morning, one talked about the case with her doctor, another talked with his brother and one chatted with customers while doing sales calls.

Walker said he didn't blame the jurors, but said it seemed impossible for them to go about their normal lives without someone "interjecting" news and opinions about the case. Even if a jury could be found, the distractions would continue throughout the trial.

"Every day, we'll be asking jurors, 'Anybody talk to you about the case?'" Walker said.

Walker said it would be difficult for a jury pool to be found anywhere in Alabama, due to the case's extensive media coverage, but that would be "an argument for another day." He also said jurors might need to be sequestered for the duration of any future trial.

Lee County District Attorney Robbie Treese objected to the judge's order, noting that Updyke had brought the situation on himself by apparently confessing to a student reporter outside the courtroom. As he has throughout the case, Treese declined to talk to reporters.

Updyke looked distraught and almost tearful outside the courtroom after Walker's order was announced, but he had composed himself by the time he left the building and walked to his car with two deputies.

Wess said Updyke is frail and in need of medical treatment.

"Harvey's shaken," Wess said. "This has been very stressful for him. ... It's going to continue to wear on him, but we're going to have to get him back (home) to Louisiana and see his doctor, and, hopefully, he'll be OK."

When will Updyke next be in a courtroom and will it be in Lee County? On Thursday, no one seemed to know.

"You have so many jurors that are connected to Auburn in one way or another, that it may be better for the case to be moved," Wess said. "We'll tackle that down the line."